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Committed additional changes; still have more to do on implied patent license.

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Tony Sebro 2014-03-19 12:12:18 -04:00 • committed by Bradley M. Kuhn
parent 6d6d18f1e6
commit 57b7cc2403
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gpl-lgpl.tex
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@ -1882,16 +1882,19 @@ with respect to the licensed software.
For example, if Company \compA{} has a patent on advanced Web browsing, but For example, if Company \compA{} has a patent on advanced Web browsing, but
also licenses a Web browsing software program under the GPLv2, then it also licenses a Web browsing software program under the GPLv2, then it
cannot assert the patent against any party that takes a license to its cannot assert the patent against any party based on that party's use of
program under the GPLv2. However, if a party uses that program without Company \compA{}'s GPL'ed Web browsing software program, or on that party's
complying with the GPLv2, then Company \compA{} can assert, not just copyright creation and use of derivative works of that GPL'ed program. However, if a
infringement claims against the non-GPLv2-compliant party, but also party uses that program without
complying with the GPLv2, then Company \compA{} can assert both copyright
infringement claims against the non-GPLv2-compliant party and
infringement of the patent, because the implied patent license only infringement of the patent, because the implied patent license only
extends to use of the software in accordance with the GPLv2. Further, if extends to use of the software in accordance with the GPLv2. Further, if
Company \compB{} distributes a competitive advanced Web browsing program, Company \compB{} distributes a competitive advanced Web browsing program
Company \compA{} is free to assert its patent against any user or that is not a derivative work of Company \compA{}'s GPL'ed Web browsing software
program, Company \compA{} is free to assert its patent against any user or
distributor of that product. It is irrelevant whether Company \compB's distributor of that product. It is irrelevant whether Company \compB's
program is distributed under the GPLv2, as Company \compB{} can not grant program is also distributed under the GPLv2, as Company \compB{} can not grant
implied licenses to Company \compA's patent. implied licenses to Company \compA's patent.
This result also reassures companies that they need not fear losing their This result also reassures companies that they need not fear losing their